BOMBAY COLOUR LAB Vs. JINDAL PHOTO FILMS LIMITED

JUDGEMENT

(1.) PRESENT objection petition has been filed under Section 34 of arbitration and Conciliation Act, 1996 (hereinafter referred to as "act, 1996") challenging the arbitral Award dated 13th May, 1998 passed by the sole Arbitrator, Mr. G. S. Agarwala, Advocate.

(2.) MR. Tripurari Ray, learned counsel for petitioner submitted that respondent no. 1 had unilaterally referred the matter to Mr. G. S. Agarwala as sole Arbitrator even though he was not the named arbitrator in the agreement dated 1st January, 1996. According to Mr. Ray, none of the blanks, including the name of the arbitrator in the aforesaid Agreement were filled up. Mr. Ray referred to respondent no. 1's letter dated 11th november, 1995 wherein the said respondent had asked the petitioner not to write anything in the Agreement except signing each page of the same. In this connection, Mr. Ray relied upon petitioner's own letter dated 8th february, 1996. The relevant portion of the said letter reads as under :-

(3.) MR. Ray next submitted that the impugned Award was passed in breach of Sections 75 and 81 of Act, 1996 inasmuch as the Arbitrator in the impugned Award had relied upon certain negotiations which had taken place between the parties during conciliation proceedings.